manner as vacancies have heretofore been filled: Provided, the board of trustees of said college shall consent thereunto, and file such consent in the office of the secretary of this state. Toll gate to be erected scribed CHAP. XXXVII. AN ACT to authorise the erection of a Toll Gate on the Great 1. BE it enacted by the People of the State of New-York, reand rates of presented in Senate and Assembly, That the judges of the court toll to be pre of common pleas, of the county of Clinton, or a majority of them, are hereby authorised to erect, or cause to be erected, a toll gate on the great road leading from Plattsburgh to Chateaugay, at or near the present dwelling-house of Benjamin H. Mooers, eighteen miles west of Plattsburgh village; and it shall be lawful for the judges aforesaid, to prescribe the rates of toll, not exceeding the usual toll exacted on incorporated turnpikes in this state, and under the restrictions provided in the seventh section of the act entitled "An act relative to turnpike companies," passed March 13, 1807, to appoint a keeper of said gate, and to make all needful regula tions for carrying the provisions of this act into effect. Monies how Troops, &c to pass. free tell Accounts to II. And be it further enacted, That the monies collected as aforesaid, shall be appropriated exclusively to keeping in repair the great road from Plattsburgh to Chateaugay four corners, and paying the necessary charges for erecting and tending the said gate. And the judges aforesaid, or a majority of them, shall have power to lay out and expend the monies for the purposes aforesaid; and it shall be their duty, from time to time, to prescribe the rates of toll under the restrictions provided in this act, so as not to impose a higher rate of toll than is necessary to keep the said road in good repair, and pay the necessary charges of collecting the toll II. And be it further enacted, That the troops of the United States, and all officers of the army and navy of the United States, with their horses and baggage, and every description of property belonging to the United States, shall at all times be exempt from the payment of toll at said gate. IV. And be it further enacted, That the judges aforesaid be exhibited shall annually exhibit to the board of supervisors of said county, a statement of the receipts and expenditures in pursuance of this Duration of act. V. And be it further enacted, That this act continue in force for ten years, and no longer: Provided, That nothing in this act shall be deemed or construed to grant any right except such as may be altered or wholly abrogated, nor shall it authorise any claim on the state for any money expended on said road. CHAP. XXXVIII. AN ACT athorising the Court of Common Pleas of Westches ter County, to devise a New Seal, and for other purposes. Passed February 15, 1823. be be made I. BE it enacted by the People of the State of New-York, re- New seal to presented in Senate and Assembly, That it shall and may lawful for the judges of the court of common pleas, in and for the county of Westchester, to devise and cause to be made, a new seal for said court; and when so made, and the device thereof recorded in the clerk's office of said county, and in the secretary's office of this state, the same shall thereafter be the seal of said court. which fees 11. And be it further enacted, That it shall be the duty of the Place from judges of the court of common pleas for the county of Westchester, are to be previous to the first day of June next, to locate and fix on some charged central place in said county, and cause a record of the same to be made in the clerk's office of said county, from which place the sheriff shall, from and after the first day of June next, charge travel fees on all process, and not from his place of residence. CHAP. XXXIX. AN ACT to provide for the payment of James Powers and Robert Dorlon, Commissioners to investigate the concerns of the Hudson Bank. Passed February 15, 1823. able to J.Pow ers and R. BE it enacted by the People of the State of New-York, re- v.151.98, pay presented in Senate and Assembly, That the treasurer pay, on the warrant of the comptroller, to James Powers and Robert Dor- Dorlon lon, the sum of one hundred and fifty-one dollars and ninety-eight cents, being the amount due them for services and expenses incurred in investigating the concerns of the Hudson Bank, by virtue of a resolution of the Senate and Assembly of the eighth and ninth April last. CHAP. XL. AN ACT for the Relief of the Stockbridge Indians. Passed February 18, 1823. WHEREAS, the Stockbridge Indians have represented by their Preamble petition, that monies paid by the people of this state on their behalf, have not been properly applied, when placed in the hands of their peacemakers for distribution, and that they are on that ac count liable to imposition: Therefore, troller I. BE it enacted by the People of the State of New-York, Duty of comp represented in Senate and Assembly, That the amount directed to be paid by the treasurer, on the warrant of the comptroller, by the forty-ninth section of the act, entitled "An act relative to the dif Monies paya Stockbridge ferent tribes and nations of Indians within this state," passed 10th April, 1813, shall be paid to the superintendants of the said Stockbridge Indians, to be by them applied to the purposes mentioned in said forty-ninth section, instead of paying the same to their schoolmaster, in the manner therein provided. 11. And be it further enacted, That all monies due to the ble to the Stockbridge Indians by treaty or otherwise, shall be paid to the superintendants of the said Stockbridge Indians, to be by them applied on the order of the peacemakers, chiefs and warriors of the said tribe, for their benefit, and to enable them to remove to Green Bay; and that the superintendants account with the comptroller annually, on or before the first of Jaidary in each year, for all monies which shall come to their hands. Persons re present at III. And be it further enacted, That in case any treaty shall quired to be hereafter be held and made with the said Indians by the people of treaties, &c this state, it shall be the duty of the said superintendants, some or one of them, to be present and attend at the making thereof, and to receive such sum or sums of money as shall be stipulated to be paid to them by such treaty; and in case of the non-attendance of such superintendant or superintendants, at the time of making any such treaty, it shall be lawful for the executive, or other agent or agents on the part of the people of this state, to pay any such monies to the peacemakers and such other of the said Indians as may be present at the making of such treaty, and as shall be properly authorised by the said Indians to consent and enter into the same: Proviso Provided however, That no monies shall be paid to any superintendant or agents, unless good and ample security, if required, is. given to the comptroller, for the faithful application of said monies to the purposes mentioned in this act. Agent to be appointed IV. And be it further enacted, That the said superintendants shall appoint an agent to reside among the said Indians, whose duty it shall be to give to the said superintendants information of all trespasses done on the lands of said Indians, and generally to perform such services for the benefit of said Indians, or as the said superintendants shall from time to time direct, who shall receive from them such compensation as they shall deem reasonable, not exceeding thirty dollars per annum, out of the funds in their hands belonging to said ludians. Preamble Time extend CHAP. XLI. AN ACT for the Relief of Gilbert Gordon, Collector of the Passed February 19, 1823. WHEREAS Gilbert Gordon, collector of the town taxes in and for the town of Junius, in the county of Seneca, owing to his late appointment by three justices, and to sickness since his appointment, will not be able to complete the collection of the taxes of said town within the time prescribed by law: Therefore, BE it enacted by the People of the State of New-York, reed to G. Gor presented in Senate and Assembly, That the time now allowed by law, to town collectors of taxes to make their returns to the coun don L ty treasurer, shall be, and is hereby extended to Gilbert Gordon, collector as aforesaid, to the first day of March next; and the said collector shall continue to have and exercise all the powers and privileges in relation to his office, that he possessed previous to the day on which he should have made his returns: Provided however, Proviso That the said collector shall not be allowed the relief granted by this act, until he shall have renewed his bond to the supervisor of the said town of Junius, with one or more sureties, to be approved by the said supervisor, in double the amount of his tax list, conditioned for the true and faithful execution of the duties of his office and for the due return of monies by him collected, and also for the due return of all lands on which the taxes remain due and unpaid on the first day of March next. CHAP. XLII. AN ACT for the Relief of Persons applying for the Benefit of the several Insolvent Laws of this State. Passed February 20, 1823. judges BE it enacted by the People of the State of New-York, re- Power and du presented in Senate and Assembly, That it shall and may be law- ties of certain ful for any person who may have applied for the benefit of any of the insolvent laws of this state, before any first or other judge of the court of common pleas of any county in this state, by whom a day has been fixed for the said insolvent, to attend before him for the purposes specified in the said several insolvent laws; on the day so specified, to appear before the judge of the county courts first named in the commission for the county in which he shall have made application as aforesaid, who is hereby empowered and required to discharge the duties in relation to the said insolvent laws, in like manner and with the same effect, as might have been done by such first or other judge before whom a day may have been given as aforesaid. CHAP. XLIII. AN ACT to amend the Act, entitled "An Act relative to the WHEREAS it is represented, and appears to the legislature, Preamble that divers of the inhabitants of the counties of Niagara, Genesee, Allegany, Cattaraugus, Erie and Chautauque, have not as yet obtained an estate in fee in the lands possessed by them, but hold the same under articles of agreement or contract, and are therefore not eligible fo the following town offices, for remedy whereof, Qualifica tain voters BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all free white male in- tions of cer habitants of any town within the counties of Niagara, Genesee, Allegany, Cattaraugus, Erie and Chautauque, qualified by law to vote at town meetings, and who are in possession of lands under a con tract for the purchase of the same, and are worth the sum of one hundred and fifty dollars in personal property, or have made improvements on such lands to that amount, free from all reprises, debts, demands or incumbrances whatsoever, shall be eligible to the several offices of supervisor, town clerk, assessor, overseer of the poor, or commissioner of highways, of any such town, notwithstanding any such person may not be a freeholder. Preamble Part of the CHAP. XLIV.. AN ACT authorising the President and Directors of the Seneca Road Company, to abandon a part of the North Branch of their Road. Passed February 24, 1823. WHEREAS, the president and directors of the Seneca Road Company, have by their petition, represented to the legislature, that all that portion of the north branch of such company's road, lying west of the 72d mile post on said branch, and west of the inn of Mr. Batsford, in the town of Brutus, until it intersects the south branch of said company's road at the Seneca Falls, near Mynders' mills, has become useless to the public, from circumstances arising since the construction of said road, and that the public interest no longer requires the said road to be maintained at the expense of the company: Therefore, 1. BE it enacted by the People of the State of New-York, road may be represented in Senate and Assembly, That the said president and abandoned directors, having elected to abandon said road and the right of re Tolls to be ap ceiving tolls, that it shall and may be lawful for said president and directors to abandon to the public the portion of road above described, and they are hereby discharged from all the responsibilities imposed by the act, incorporating the north branch of said company, so far as it regards the section of said road herein described. 11. And be it further enacted, That the tolls on said road shall portioned for be apportioned to the residue of the road in such manner, as that no more toll shall be received than is provided for by the act incorporating said company. residue of road III. And be it further enacted, That it shall be, and it is hereDuty of com missioners of by made the duty of the commissioners of highways in the several highways towns through which the section of road herein described passes, to lay out the same into road districts, and cause the same to be worked, improved and repaired, as is required by law, in relation to public highways. |